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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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Im the claimant and have BC judgment (payment order by default)

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I'm the claimant and have BC judgment (payment order by default) dated 09/Aug/2013 in my favor because the defendant failed to show up in the settlement conference.

However, since now I’m demanding payment, the defendant has hired a lawyer to assist him in “cancelling and setting the judgment/payment order aside” giving reasons to discredit me as he had done before. He has filed an Affidavit to cancel a dismissal or default order and chosen a date for the hearing on Oct 25, 2013.

Since the defendant is causing undue stress and trying to frustrate me; I would like to know my options as follows:

1) Do I need to attend the hearing?
2) Can I ask the judge not to consider the defendant’s request for the hearing and if so which form # XXXXX I use. I spoke to the Surrey Court clerk but they could not help me out and told me to seek legal advice. If there is no form could I simply submit a letter to the judge stating why I think the defendants affidavit should not be considered?

3) Most importantly; prior to the defendant’s Affidavit to cancel the default order I had contacted a collections agency to deal with them. How this will affect my case?

Thank you for your question.

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1) Yes as you need to argue against the Judgment being set aside.

2) You should say it's not fair to you and that you will be harmed if the Court allows this.

3) This is not relevant to the Court.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

Hi Well noted.


What I would like to know at this point is which form to use in order to file a reply. The court clerk did not know. My aim is to register a reply so that the judge can cancel their request. thanks

You can prepare you own Affidavit and serve it and file it.
Customer: replied 4 years ago.

Hi well noted with many thanks



Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

Dear Debra


I went to the small claims court in Surrey, BC but they refused to accept / file my affidavit saying that the court does not have any provision for accepting it. I just would have to wait for the new settlement conference they said!

That doesn't make sense though Small Claims Court rules often don't.

That's OK though, just bring the Affidavit to the next court date.